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10 Cards in this Set

  • Front
  • Back
Who can the CAFC hear appeals from?
- Boards of Contract Appeal (US/Private contract disputes)
- Court of International Trade
- Court of Federal Claims
- Court of Veterans Appeals
- District Courts (in territories)
- Merit Systems Protection Board (Labor relations)
What are the basic pleading requirements to get into court?
1. Subject Matter Jurisdiction [28 USC 1338]
2. Personal Jurisdiction over the defendant (Schatz calls it venue)
What is patentable?

Categories of Patentable Inventions under 101
"Anything under the sun made by man"
1. Processes
2. Machines
3. Manufactures
4. Composition of Matter
Limits on the Doctrine of Equivalents
1. Prosecution History Estoppel
2. Public Dedication Rule: What is disclosed in the specification but not specifically claimed is reserved for the public
3. All Limitations Rule: DOE requires an equivalent (or literal infringement) for each and every limitation (or element) of the claim
Limits on Prosecution History Estoppel
1. Unforeseeable equivalents not estopped
2. Rationale for amendment has tangential relation to equivalent
3. Some other equitable reason (book fails to explain)
Active Inducement Elements
1. Intent to induce infringement by aiding or encourages another to infringe a patent
2. Direct infringement (by someone)
Contributory Infringement Elements
1. Direct infringement (by someone)
2. Knowledge that the component is especially made or especially adapted for use in infringement of the patent
3. Contributor supplied a significant non-staple component to the device
Export Direct Liability [271(f)(1)]
Direct infringement where a defendant supplies all of the components to another's patented invention and ships them overseas
1. Knowledge is required
2. Staple/non-staple status not important
Export Indirect Liability [271(f)(2)]
Where a defendant supplies material non-staple components to another outside of the US, they will be liable for contributory infringement
1. Must be specially adapted for the invention (f)(2)
2) Intent is required
Statutory Defenses [282]
1. Noninfringement, absence of liability, or unenforceability
2. Invalidity of the patent under 101-103
a. Statutory Subject Matter [101]
b. Prior Art/Statutory Bar [102]
c. Obviousness [103]
3. Invalidity for failure to comply with 112 or 252
a. Written Description [112]
b. Best Mode [112]
c. Enablement [112]
d. Claim particularly and distinctly [112]
e. Intervening rights [252]
4. Any other fact made a defense